Fort Bend County Texas DWI
Defense Attorney - Lee Cox

Driving While Intoxicated (DWI) in
Fort Bend County, Texas

An arrest for DWI can be a confusing
and frightening experience that may carry serious
consequences if you’re convicted. If you’ve been arrested
for driving while intoxicated (DWI) in the Fort Bend County
area, you need to speak with an
experienced criminal defense attorney regarding your
case. Enlisting the aid of a qualified
Fort Bend DWI attorney ensures that you get the legal
representation you need to mount a strong defense against
the charges.

What is Driving While Intoxicated
(DWI) in Texas?

Texas law offers a generalized
definition of Driving While Intoxicated (DWI). According to
Section 49.04 of the Texas code:

A person commits an offense if the
person is intoxicated while operating a motor vehicle in
a public place.

More specifically, intoxication refers
to a person’s inability to function normally due to the
influence of:

alcohol

controlled substances, such as
prescription drugs

marijuana

Class A drugs, including cocaine,
methamphetamine, heroine and ecstasy

any other substance that may
impair cognitive or motor function

For DWI arrests stemming from alcohol
use, a person is considered to be intoxicated if their blood
alcohol content (BAC) exceeds the legal limit. Under Texas
law, current BAC limits are:

0.08 or higher

How BAC is Measured: The Breathalyzer
Test

If you’re arrested for
DWI in Fort Bend County, law
enforcement officials will attempt to test your BAC by
administering a breathalyzer test. Taking a breathalyzer
test involves breathing or blowing air into a machine, which
then calculates an estimated measurement of your
intoxication level. The breathalyzer test is considered to
be a less accurate measure of BAC than a blood test.

In Texas, the breathalyzer machine
used is called the Intoxilyzer 5000. This machine
works by measuring the amount of alcohol contained in a beam
of light that passes through the sample chamber. There are a
number of factors that can cause the breathalyzer test to
yield inaccurate results, including:

Increased ethanol levels in your
stomach or esophagus due to acid reflux

The presence of certain compounds,
such as acetone, which can be absorbed through your skin
if you’ve been exposed to paint fumes, lacquer or other
substances

Do I Have to Take a Breathalyzer Test?

Texas law operates under an implied
consent policy, meaning that if you’re licensed to drive,
you automatically consent to testing of your breath, blood
or urine to identify the presence of drugs and/or alcohol.
This does not mean, however, that you cannot choose to
refuse a breath, blood or urine test but doing so can
potentially have negative repercussions.

What Happens if I Refuse the
Breathalyzer Test?

There are several things that can
happen if you refuse a drug or alcohol test following a DWI
arrest, including:

Suspension of your driver’s
license for up to 180 days

Suspension of your driver’s
license for up to 2 years if you refuse the test
following a subsequent DWI arrest

Automatic 2-year suspension if you
refuse the test and your license was suspended
previously for failing a breath, blood or urine test

Refusing the test does not guarantee
that your license will be suspended. A person has a right to
request a hearing to challenge the possible forthcoming
suspension of your drivers license. However, you only have
15 days from the date of your arrest to request this
hearing. Your Fort Bend DWI attorney
can request, and should request, this hearing to challenge
the license suspension.

Should I Refuse the Breathalyzer Test?

Refusing the breathalyzer test may
actually make it more difficult for prosecutors to prove
that you were intoxicated at the time of your arrest. If you
also refused to submit to a field sobriety test, there will
likely not be enough evidence to win a DWI conviction
against you.

What Are the Penalties for DWI in
Texas?

The penalties for DWI in Texas depend
on the individual circumstances of your case and your
previous DWI arrest record. Your Fort
Bend County DWI Lawyer can advise you regarding the
specific penalties you may face if convicted of a DWI
offense.

Generally, the penalties for DWI in
Texas are as follows:

First Offense, Class B Misdemeanor

Fine - A fine not to exceed
$2,000.

Jail Time - Confinement in
the county jail for a minimum of 72 hours and a maximum
of 6 months.

Community Service – Under
Texas law, DWI offenders may receive no less than 24 and
no more than 100 hours of community service.

Additional Stipulations:

First-time offenders may often face
additional stipulations as part of their sentencing,
including:

Drug and Alcohol
Screening/Counseling – You may be required to
participate in regular drug and/or alcohol testing or
counseling sessions.

DWI Education – This course
must be completed within 180 days of your DWI
conviction.

Sustained Employment – You
may be required to maintain steady employment and live
at the same residence for a predetermined supervision
period.

Second Offense or an alcohol
concentration of .15 or higher, Class A Misdemeanor

If you’re arrested for a second DWI
offense or an alcohol concentration of .15 or higher, Texas
law requires you to install a lung air device on your
vehicle as a condition of your release on bond. This device
requires you to provide a breath sample before your vehicle
will start.

Fine – A fine of up to
$4,000.00.

Jail – A jail term of up to
one year.

Community Service – A
minimum of 80 and a maximum of 200 hours of community
service.

License Suspension –
Suspension of your license for a period of not less than
180 days and not more than 2 years.

Third Offense, Third degree Felony

Fine – A maximum fine of
$10,000.00.

Jail – Confinement no less
than 2 years and not in excess of 10 years.

Deep Lung Air Device

Community Service – You can
receive no less than 160 hours and no more than 600
hours of community service.

License Suspension –
Generally lasting between 180 days and 2 years.

Mandatory Drug/Alcohol Treatment

Texas law does not make any specific
provision for DWI arrests beyond the third offense.

What Should I Do if I’m Arrested for a
DWI in Fort Bend County?

If you’ve been arrested for DWI, you
need to contract the legal services of an experienced
criminal defense attorney
immediately. Don’t waste any time in contacting the law
office of Lee D. Cox following
your Fort Bend County DWI arrest.

Lee is experienced in defending
clients charged with DWI offenses in the Fort Bend County
area. He is dedicated to helping you prove your innocence,
secure your freedom and help you to reestablish your
reputation within the community. If the prosecution’s case
is too strong, he will work hard to get you the minimum
sentence possible.

The legal process following a DWI
arrest can be confusing but you don’t have to navigate it
alone. At the law office of Fort Bend
County DWI attorney Lee D. Cox, we’re dedicated to
protecting your rights and getting the results you need.
Call us today at 281-762-7345 to set up an
appointment for your free initial DWI case evaluation.